Medical Marijuana Dispensary Proposal Before Brick Zoners

BRICK, NJ — The Brick Township Board of Adjustment is scheduled to meet at 7 p.m. Wednesday to hear the application by a Brick-based company to turn a former bank on Adamston Road into a a medical marijuana dispensary.

Jersey Shore Therapeutic Health Care is seeking to convert the former OceanFirst Bank into a dispensary and erect a 40,000-square-foot steel building to be used as a grow facility for the medical marijuana it would dispense.

The application is part of the company's efforts to get a license to operate a dispensary under New Jersey's medical marijuana program. There are currently six dispensaries operating in New Jersey; in July Gov. Phil Murphy said the state would offer six more licenses to expand access for medical marijuana patients.

If approved, it would be the first dispensary in Ocean or Monmouth counties.

The application is strongly opposed by neighboring residents who feel the facility poses a risk of increased crime in close proximity to their homes. Those neighbors have urged the company to choose a spot in a commercial area, where there are lots of other businesses.

The meeting is scheduled to be held at the municipal building, 401 Chambers Bridge Road, in the council meeting room/municipal courtroom. '

READ MORE:

• Brick Company Hopes To Open Medical Marijuana Dispensary In Town
• Tension Marks Meeting On Proposed Brick Medical Marijuana Site

Brick Patch will be reporting live from the meeting. Updates from the hearing will begin below, starting after 7 p.m.

The room is standing-room-only, with people around the walls.

Attorney John Paul Doyle presenting the initial information for the applicant, 385 Adamston LLC.

The former bank site is 2,800 square feet. The property is a commercial use approved by variance in 1976.

Doyle: My client does not seek to sell non-medical marijuana.

We would accept in a resolution that this property would not be used for the sale of non-medical marijuana.

Doyle is suggesting the board put in a deed restriction as part of the resolution if approved.

Doyle is explaining the parameters of becoming a medical marijuana patient. Only 3 percent of doctors in NJ are able to certify patients for the program. That must then be approved by the state. Patients who receive a medical marijuana card can get only 2 ounces at a time.

Doyle said 40 to 50 organizations have applied to have a medical marijuana dispensary license in the Ocean-Monmouth area.

Ocean and Monmouth have some of the highest populations of medical marijuana patients in the state.

People have asked why here? Why not in a hospital zone? Because the state suggests it not be in a hospital zone.

Security: Bad things can happen anywhere. We have a duty to ensure it doesn't happen here.

You don't get into the building without a medical marijuana card. You don't past the vestibule without showing additional ID.

There will be security people watching the property, security people watching the cameras.

We hope to be able to go forward in a respectful way to our neighbors. We are asking that everyone be respectful of our presentation.

The experts speaking for the applicant:

David Nase, security consultant: 26 years in law enforcement.

Christine Cofone Nazarro, licensed planner

Ken Wolski, registered nurse, exec director of medical marijuana

David Collins, architect

Jeffrey J. Carr, engineer and planner

Anne Davis, principal with Jersey Shore Therapeutic Health Care.

Anne Davis is speaking:

She lives three-quarters of a mile from the proposed site.

Objectors are grumbling and the board chairman Harvey Langer is addressing them. "I ask you for civility, and to let them finish." People who get out of control will be escorted from the building, he said.

Davis said the bank was chosen because it's in a discreet location, because of the fact that as a former bank, there is a safe already on the property. Did not want it in a shopping center where there are families and kids walking by. They felt the bank was the perfect site because it's set back from the road, has handicapped access and the nature reserve -- Edwin B Forsythe Wildlife Preserve -- behind it.

Davis is testifying that she is a medical marijuana patient. She has MS and uses it before bed to manage her symptoms.

Part of the goal is to be able to provide medical marijuana at a more affordable price for patients, Davis said.

Power Point presentation explains the state legislation for the medical marijuana program in New Jersey. Maps showing the alternative treatment centers in the state currently.

Ocean County is the second-highest, Monmouth County third-highest for registered medical marijuana patients.

Patients have to get re-certified every 90 days. Just 800 doctors across the state participate in the program.

Only patients or certified caregivers can go to purchase medical marijuana.

Patients cannot consume their medical marijuana at the dispensary site. They cannot consume it in a motor vehicle under the law.

Bank building is 2,585 square feet. Cultivation center on a 6.7-acre parcel. Building is 48,000 square feet. Building is sealed. No odors. All rooms will have tightly controlled air -- don't want outside contaminants, dust, mold, spider mites -- coming into the building.

Hours would be Monday through Saturday. Friday, Saturday shorter hours.

The security staff will be on site. Limited access for all employees.

Davis said much of the focus is on the patient as a whole, research to improve medical marijuana products, types of consummables.

Davis said they do not want sell recreational and she is willing to accept a restriction in the resolution if approved.

The facility would employ about 50 people, 30 or so on site at one time.

Davis said employees must be vetted by the state Department of Health and pass a criminal background check.

Board attorney -- questions only from the public. Public comment comes at the end of the applicants' case.

Langer: I know many people have questions but please do not repeat the same question. More important, if you don't like the answer, don't get into an argument.

Max Flores, Altier Avenue: Why didn't you choose Pathmark location? Davis: Transient location, too much traffic in and out. Flores: You mentioned kids? Davis: Yes I know there are some, I do not know now many. Flores: Murphy expanded to migraines and anxiety. How are those determined? Langer and Doyle object because that is seeking expert testimony that Davis is not qualified to give.

Truex, Adamston Road: How is this going to improve the quality of life for my boys (5- and 6-year-olds). Bus stop. Davis: I believe the presence of our security and Brick police. How many patients? Davis estimates 77 per day. He is asking about traffic. The bank had more traffic because ATM was open 24/7, she said.

Roberto Flecha: Does the state prohibit from being in a medical zone? No.

Brick Wenzel, lives in Lavallette, owns property in Brick. Saw people smoking outside the building. How control it when it's not controlled here? Davis: State law says not allowed to consume on premises. State law allows people to smoke it on public property. Wenzel: There's a lot of public property. Davis: They can use it there and it has nothing to do with our location.

Quincy Patterson, Ford Street: Asked about security. Davis: Cranbury and Bellmawr were hesitant, no problems, one has 500 patients. Patterson: how close to school. Davis: we had to be more than 1000 feet from place of worship or school. that's federal.

Diana Diaz, Raleigh Court: Trying to bring up a robbery in Egg Harbor. Langer shut down. Can't put it in a hospital zone. Why appropriate for residential zone? Davis: Not exclusively residential. There is the canteen at VFW. There is a restaurant, Spanish Olive. The ARC.

Attorney: This is a quasi-judicial procedure. The board is required to make a recording. I understand it is emotional.

Diaz: If zoned for RR1 to protect residents. The bank shouldn't have been there.

Langer: We're not just saying that because they want it, we're going to do it. They are doing exactly what you would. They are not doing anything out of the ordinary, anything illegal, anything behind anyone's back. That is the reason we're here. We're the ones who will make that decision.

Past Commander of VFW: Were VFW and Edwin Forsythe: Were they noticed? Doyle: Yes.

Langer: Before they come before us we make sure they have noticed everyone.

Must you grow marijuana on the site? Davis: Yes, that is required by the state.

Josephine Fischbach, Earle Drive. The security? Will the taxpayers pay for it? Davis: We will have our own security and tax revenue will more than pay for it. Why not put it in a commercial area? Davis: Because the grow facility works perfectly behind the bank. Fischbach: Why can't it be ordered through the mail?

Resident who lives a mile away: Closed-loop. What do other facilities use? Davis does not know. Is it required to have a grow facility next to the dispensary? Davis: No.

Jim Early, lives across the street: Asked about property values. Davis: I would have to be a psychic. Early is bringing up Mike White, security director. Langer says White is not part of the proceeding. Early is concerned patients will be smoking in front of his home.

Marcel Diaz, Raleigh Road: Asking how Davis came up with how many patients would be coming per day compared with the bank traffic. He wants to know how she came up with the information about how many bank customers there were. He is asking about the security plan. Langer has said repeatedly that he has to wait for the security expert's testimony.

Langer: Questions asking how many buses, where is the bus stop, asking the same question over and over is getting nowhere.

Nancy Merz, Peter Place: About 50 employees. 77 patients. Research? Davis: That would be using only the registered patients. Merz: Onsite? Davis: No, online. Merz: Additional people? Davis: Only our registered patients. Merz: Expansion? Davis: Only if we are very successful. Merz: What kind of environmental impact? Noise? Davis: No noise, they're plants.

Shawn Fitzgerald, homeless. You mentioned something about a medical board. Medical advisory board: doctor specializes in neuroscience, nurses. Will you provide outreach? Yes.

Elizabeth Bott, Donald Street. Will the patients be keeping in contact with doctors? Davis: Yes, this does not replace that. Bott: What kind of patients? Davis: Could be any kind.

Taking a break at 8:45 p.m.

Meeting is resuming. 8:55 p.m.

Jeffrey Carr speaking for he applicant.

He is describing the site: front portion is commercial. Spots of commercial along Mantoloking Road as well as along Adamston. Open space would likely remain open space as no access to Adamston.

Carr said there will be border put up between property and the VFW site. Much of the site will remain wooded, with only the portion for the grow building affected.

Fire chief recommendations: Fire lane striping, handicap accessible. Nothing out of the ordinary, Carr said.

Traffic safety report from police department: existing handicap parking space needs restriping. Security lighting on east side should be increased.

Stormwater management: Carr said all runoff would be contained on the site.

Comment about infiltration. Carr: we will not be discharging any water from the site, no pipes discharging from the site.

No large trucks, no tractor trailers. Box trucks such as ones delivering office supplies.

Discussing parking: We are not packing a ton of development into the site, Exceeding minimum standards. Drive-in facilities will be closed off and not utilized.

Doyle: 77 patients: less intensive than a bank in a day? Carr: she is spot on. Medical care facilities show less traffic than what you anticipate for a bank. This is not just a walk-in facility, unlike a bank. Banks have peaks which would be same peak as traffic peaks -- lunchtime, drive home. "A medical facility operates differently." He said a dispensary would operate similarly to a doctor's office.

Box trucks 3 times per week during business hours. Peak shift: 18 employees.

Carr said they have met with Ocean County engineering department because Adamston is a county road.

One bulk variance on east side of building setback 19.5 feet exists, 25 required. These are existing conditions of the bank building, Carr said.

Brian Bocanfuso, board engineer: He is satisfied with how Carr has addressed stormwater management.

Traffic: Carr based his testimony on appointments; Bocanfuso asks will they all be appointments? Davis: first would be. Carr: patients would be more consistent type of flow, would not heavily impact traffic.

Bocanfuso: Would the county have required other improvements if they expected heavier traffic usage? Carr: Yes, that is typical. County indicated they would not impose any on this site.

Bocanfuso: Stand of trees. What types? How wide? Carr: we would be retaining 100 feet, trees are deciduous (such as oaks, etc). Once past 100 feet of trees, then there would be 70 feet of basin area, then an additional 130 feet before getting to the building.

Bocanfuso: Noise? Carr said it would be minimal.

Doyle: If this were to come back and be a bank, would traffic considerations be different? Carr: No. Doyle: What if a medical facility? Carr: No.

Tara Paxton, township planner: Asking about trash. Carr: enclosures at either end. Small generator of trash. Some paperwork. We are not proposing any additional trash enclosures in the front. Pick up once a week.

Paxton: Agricultural waste? Carr: minimal.

Paxton: Signs. Do they meet the ordinance? Carr: No. Plan to use the existing signs and simply insert the address.

Public questions to Carr.

Bobbi Friar: Asking about a generator. Carr: It would only be brought in if there is an emergency. Air conditioners? Carr: They would be small. Is this in a floodplain? Carr: No, not in a floodplain.

William Truex: A2 tax map. Distance to the church or school? Carr: No idea. How big is 48,000 square feet. How will marijuana waste get disposed? Carr does not have an answer.

Nancy Merz: If the facility expands, how big of a truck can that hold? Carr said site is designed for box truck.

Emily Limor, Sowers Drive: Question about slowing or controlling traffic on side streets. She says her street was a drag strip when the bank was open. Doyle: Having no business produces no traffic. This will produce traffic.

Roxanna Flecha, Poppy Court. If the number of patients rises to 150 patients a day, have you considered how that would affect the site. Wants the data for how much traffic the bank produced. Carr: Institute of Traffic Engineers produces figures for banks.

Toni Parlow, near Adamston. Is there an ordinance about what can be grown in a particular area? Langer directed the question to Paxton: Nothing in ordinance. Customary and conventional farming operations. Parlow: Is that customary? Board Attorney Miller: This is for use variance relief under municipal land use law. They don't include use being proposed. Safe to say this was not contemplated. This does happen. There is considerable case law that says they need a use variance. That's why they're here. This is not customary farming. D1 use variance.

Friar: Waste question: How much? Carr: Trash bins are in a secured area.

Langer is raising the concern about finishing the application tonight. "I'm not staying here until 12 or 1 o'clock. Nothing gets accomplished when everyone is blurry-eyed."

Davis says the state will make a decision by Nov. 1, but they must have an approval by Nov. 30. Decision is between the applicant and board. That is municipal land use law, Langer said.

Application is being continued to Monday, Nov. 19, 7 p.m. There will be no further notice mailed or provided to the public, Miller, the board attorney, said.

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385 Adamston Road, the former OceanFirst Bank. Photo via Google Maps